§ 44-2-80. Treatment of Land Pending Registration; Appearance of Person Acquiring Interest in Land Pending Registration
Pending registration, the land described in any petition may be dealt with as if no petition had been filed; but any person who shall acquire any interest in or claim against any such land shall at once appear as a petitioner or answer as a party defendant in the pleadings for registration, and such interest […]
§ 44-2-125. When Recordation Other Than Registration Not Required; Filing Instruments; Admissibility of Certified Copies and Use as Evidence; Recordation Procedure When Instrument Is Not in Short Form
Wherever a transfer, transfer as security for debt, or mortgage relating to an estate in registered land is executed in the form prescribed in this article and duly registered and noted in the register of titles and consists of nothing more than the filling in of the blanks on the prescribed form so that the […]
§ 44-2-81. No Default Judgment or Decree
No decree shall be rendered by default and without the necessary facts being shown. History. Ga. L. 1917, p. 108, § 21; Code 1933, § 60-221.
§ 44-2-82. Entry of Judgment and Decree; Inclusion of Limitations and Encumbrances; Decree in Favor of Cross-Action; Separate Decree for Each Parcel
After the record has been perfected and settled, the judge of the superior court shall proceed to decide the case; and if, upon consideration of such record, the title shall be found in the petitioner, the judge shall enter a decree to that effect ascertaining all limitations, liens, encumbrances, and the like and declaring the […]
§ 44-2-83. Conclusiveness of Decree; Effect of Disability on Conclusiveness; Recourse of Persons Under a Disability Against Assurance Fund
Every decree rendered as provided in this article shall bind the land and bar all persons claiming title thereto or interest therein, shall quiet the title thereto, and shall be forever binding and conclusive upon and against all persons, including this state, whether mentioned by name in the order of publication or included under the […]
§ 44-2-84. Review by Court of Appeals
All judgments and decrees of the superior court or the judge thereof which are rendered under this article shall be subject to review by the Court of Appeals. History. Ga. L. 1917, p. 108, § 82; Code 1933, § 60-224; Ga. L. 2016, p. 883, § 3-9/HB 927. The 2016 amendment, effective January 1, 2017, […]
§ 44-2-100. Appointment and Qualification of Examiners and Special Examiners; Filing Order of Appointment and Affidavit
The judge of the superior court of each judicial circuit shall appoint at least one auditor, who shall be known as the examiner, who shall discharge the duties provided for the examiner in this article but whose relation and accountability to the court shall be that of an auditor in the general practice existing in […]
§ 44-2-101. Referral of Case to Examiner; Preliminary Report; Contents; Time of Filing
Upon the filing of a petition as provided in this article, the clerk shall at once notify the judge who shall refer the action to one of the general examiners or to a special examiner. It shall then become the duty of the examiner to make up a preliminary report containing an abstract of the […]
§ 44-2-102. Hearing; Final Report; Delay of Hearing to Add New Parties; Notice
As soon as practicable after the return day stated in the process, the examiner shall proceed to hear evidence and make up his final report to the court. However, if it has developed from the preliminary report filed by him that persons other than those named as defendants in the original petition are entitled to […]
§ 44-2-103. Examiner’s Powers; Contents, Filing, and Notice of Examiner’s Report; Right to Jury Trial, New Trial, and Appeal; Recommitment to Examiner After Trial or Reversal on Appeal
At the time and place set for the hearing, the examiner shall, in like manner as other auditors, proceed with similar powers as to the compelling of the attendance of witnesses, the production of books and papers, and adjournment and recessing to hear all lawful evidence submitted. In addition he may make such independent examination […]